Gift causa mortis: In order for a gift causa mortis to be valid, what must occur?

• A. Donor must die
• B. Donor must sign a formal instrument
• C. Donee must predecease the donor
• D. The gift becomes effective immediately regardless of death

Answer: (A)

Gift causa mortis is a transfer made in anticipation of imminent death that only takes effect if the donor actually dies. The key idea is that the gift is conditional on the donor’s death; it is revocable if the donor survives or recovers. Therefore, the essential fact for validity is the donor’s death. If the donor dies from the anticipated peril, the gift becomes effective in favor the donee; if the donor does not die, or dies of a different cause, the gift does not vest. The other statements aren’t required: a formal instrument isn’t necessary for a gift causa mortis, the donee predeceasing the donor would negate the gift, and the gift does not become effective immediately—it activates only upon the donor’s death.